> What I was trying to get at is that there's no guarantee of a phone even if the project is funded.
Guarantee from whom?
Normally I'd agree, because the fundraiser is typically a startup, perhaps a limited company, with no existing business with which to back refunds. So they could burn through the money and end up with nothing to issue refunds with. So from your perspective, there's no guarantee, since suing them would certainly do you no good anyway.
But what about an established company? If they want to guarantee it, why can't they? But, of course, are they? I'm not sure whether they're saying they are, or whether the law would say that they are. But I don't think it's as clear cut as the new startup case.